Cervantes
Cervantes v. Burciaga
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA EUREKA DIVISION 7 RAUL CERVANTES, Case No. 19-cv-06318-RMI
Plaintiff,
ORDER OF DISMISSAL WITH LEAVE
v. TO AMEND
BURCIAGA, et al., Re: Dkt. No. 2 Defendants.
13 Plaintiff, a state prisoner, filed a pro se civil rights complaint under 42 U.S.C. § 1983. The court granted his motion for leave to proceed in forma pauperis. (Dkt. 15). DISCUSSION Standard of Review Federal courts must engage in a preliminary screening of cases in which prisoners seek redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). In its review, the court must identify any cognizable claims, and dismiss any claims which are frivolous, malicious, fail to state a claim upon which relief may be granted, or seek monetary relief from a defendant who is immune from such relief. Id. at 1915A(b)(1),(2). Pro se pleadings must be…